Summers v. First State Bank

Filing 85

ORDER denying 41 and 43 Motions to Strike. Signed by Magistrate Judge Juliet E. Griffin on 8/25/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ASHLEY SUMMERS
v.
FIRST STATE BANK

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NO. 3:13-0439

ORDER
The Defendant’s motions (Docket Entry No. 41 and 43) to strike the Declaration of Trevor
Heck are DENIED. Notwithstanding the Defendant’s arguments for striking the Declaration, given
that the Declaration is the sole item of evidence upon which the plaintiff relies in opposing the
Defendant’s motion for summary judgment and the Court prefers to decide this action upon a full
record, the Court declines to impose the drastic step of striking the Declaration. The deficiencies
that exist with respect to the Declaration have been clearly identified by the Defendant and the Court
is able to assess these deficiencies in determining the relative merit and persuasiveness to give to the
content of the Declaration.1
Any party desiring to appeal this Order may do so by filing a motion for review no later than
fourteen (14) days from the date this Order is served upon the party. The motion for review must
be accompanied by a brief or other pertinent documents to apprise the District Judge of the basis for
appeal. See Rule 72.02(b) of the Local Rules of Court.
So ORDERED.

JULIET GRIFFIN
United States Magistrate Judge
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The Defendant has filed a third motion to strike (Docket Entry No. 77), which has been
addressed in the contemporaneously entered Report and Recommendation.